TECBAR Adjudication Rules 2012
In force as from 1 July 2007
The adjudication rules in the statutory Scheme for construction contracts (as in force in England and Wales and as amended from time to time) shall apply.
1. All references below to paragraphs are to paragraphs of Part I of the Scheme as in force on 1 October 2011:
Appointment of adjudicator
2. The parties are free to agree on the person to act as adjudicator. There is a list of accredited adjudicators on the TECBAR website www.tecbar.org. Where the parties are not in agreement, the party wishing to commence adjudication should apply to the Clerk to the Chairman of TECBAR for an appointment to be made by TECBAR. At the date of publication of these rules the Clerk to the Chairman is Oliver Goldsmith, Keating Chambers, 15 Essex Street, London, WC2R 3AA, tel: +44 (0)20 7544 2701, email: firstname.lastname@example.org.
3. Paragraph 10 (which preserves the validity of the adjudicator’s appointment and decision, despite objection to his appointment) takes effect subject to the general law concerning conflicts of interest. It is in the parties’ interests to give comprehensive information concerning the dispute, including the names of possible witnesses, as early as possible, so that any potential conflict can be identified. However, the mere fact that the adjudicator is acquainted with someone who is representing a party or with an expert witness will not normally amount to a material conflict of interest.
4. Except where documents are bulky, communications should normally be by email or fax. A party who sends anything to the adjudicator must copy it to the other party at the same time and by the same means.
Management of the adjudication
5. Paragraph 17 (which requires the adjudicator to consider any relevant information submitted) takes effect subject to paragraph 13(g) (which empowers the adjudicator to set deadlines and limits).
Reaching and delivering the decision
6. A request for adjudication under the TECBAR rules and/or by an adjudicator nominated by TECBAR will be taken to include a request under paragraph 22 that reasons be given for the decision unless the contrary is stated.
7. The adjudicator will record and confirm to the parties the date of the referral notice for the purpose of calculating the time for decision set by paragraph 19.
8. Unless otherwise agreed, the adjudicator has no power to order one party to pay the costs incurred by the other party. Liability for the adjudicator’s fees and expenses is regulated by paragraph 25.
Disposal of papers
9. If the parties do not request the return of their papers, a TECBAR adjudicator is likely to dispose of them four weeks after the conclusion of the adjudication, unless specially requested to retain them for a further reasonable period.